Anarul Mondal v. State Of West Bengal

13.01.2021 Item No.26 Ct.No.28 dc.

Rejected C.R.M. 230 of 2021 (Via Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Anarul Mondal ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ... For the Petitioner.

Mr. Binoy Panda ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with NDPS Case No. 88/2019 arising out of Hogalbaria P.S. Case No. 171/2019 dated 21.09.2019 under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

The learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.09.2019 and there has been no progress in the case although chargesheet has been submitted within a reasonable period of time. The learned advocate for the State submits that the contraband so seized was recovered from the residence of the present petitioner and the same was of commercial quantity. We have perused the case diary and the materials appearing therein are against the present petitioner. Having

regard to the fact that 183 kgs. of contraband (ganja) were recovered from the premises of the petitioner, we are not inclined to grant bail as the provisions of Section 37 of the N.D.P.S. Act are attracted. Accordingly, prayer for bail of the petitioner is rejected.

The application for bail being CRM 230 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)